Giving back to the community can be rewarding. It’s an opportunity to make a positive impact. But well-intentioned volunteer work may come with some risks. It’s important to know what these risks are.
Whether you’re cleaning cages at the local animal shelter or volunteering as a board member for a nonprofit organization, you need to know that the organization is protecting you as well as if there is a law in your jurisdiction protecting volunteers.
Volunteer Protection Act of 1997
Congress passed the
in 1997 to promote volunteerism. This law protects volunteers from civil liability for injuries or property damage while they volunteer.
The law exempts a volunteer of a nonprofit organization or government entity from liability for harm caused by a negligent act or omission by the volunteer on behalf of such organization or entity.
The volunteer must be acting within the scope of their responsibilities at the time. They also must be properly licensed or otherwise authorized for the activities or practice in the state in which the harm occurred.
Some exemptions to this act apply if the volunteer commits them. They include willful or criminal misconduct and conscious flagrant indifference to the rights or safety of the individual harmed.
Limitations to the Volunteer Protection Act
But statutory immunity can be a narrow gate. It only protects the volunteer from ordinary negligence.
The act doesn’t protect the volunteer (or the organization) from being sued if they are operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator to possess an operator’s license or maintain insurance.
That means if you volunteer to drive people around or deliver meals for the organization, you are not protected under the Volunteer Protection Act. You can be sued personally for civil liability just like any other driver.
State Laws May Have Some Variations to the Act
According to
, although the federal law offers protection, some states may offer more. Other states have unique requirements for nonprofits to carry minimum insurance before their volunteers can claim immunity.
Consider checking whether the nonprofit you are volunteering at has insurance that will cover any potential liability you incur.
Board Member Liability
According to
, in the United States, there are 144,484 private and community foundations, as well as 1,586,742 charitable organizations. That’s not counting all the fraternal societies, business associations, social, etc. that also exist.
Many of these organizations have a board of directors that consists of volunteers. If you are a board member, it’s imperative you know what civil liabilities you are exposed to and how to avoid them.
Willful Ignorance and Intentional Wrongdoing
According to
, directors can’t remain willfully ignorant of nonprofit affairs. For example, a director appointed as treasurer with limited knowledge of finance can’t rely solely on staff reports or auditors to determine whether the nonprofit’s finances are in order.
Officers and directors who act outside their authority or abuse it may be subject to personal liability for their actions. If a board member intentionally causes injury or damage to people or property, that person may be personally liable, even if the activity was on behalf of the nonprofit.
Duty of Obedience
Board members have a duty to act in accordance with the organization’s:
-
articles of incorporation
-
bylaws
-
policies
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other governing documents.
This includes the organization’s mission, purpose, applicable laws, regulations, and rules.
Fiduciary Duties to the Nonprofit
The duty of care requires board members to devote the necessary time to the nonprofit board. It isn’t enough to just attend board meetings. Failure to attend board meetings or inactivity in service to the board will not let a board member escape legal responsibility or liability for losses caused or resulting from that failure.
Avoid conflicts of interest. If a board member enters into a financial transaction with the nonprofit, that person must report it to the board. It must also be fair to the organization and under terms equivalent to an arm’s-length transaction.
The board member must not vote on the transaction. In general, the board member must not take an opportunity that is available to the nonprofit organization.
How Board Members Can Protect Themselves
If you are asked to serve or are serving on a board for a nonprofit, review the indemnification clauses in the organization’s bylaws. According to
, the language should state that the organization will cover legal expenses and liability judgments for board members acting in good faith.
It’s imperative that the nonprofit have adequate Directors and Officers (D&O) liability insurance. This is a protection tool that covers legal defense costs and settlements for board members named in the suit.
D&O insurance typically provides broad coverage for the individual members and employment practices. It also covers fiduciary liability. There are no exclusions for common nonprofit activities.
Before joining a board of directors, ensure you confirm there is an insurance policy with adequate limits for the size and scope of the organization.
Volunteer and Protect Yourself
Although you have some protection under the Volunteer Protection Act, you’re on your own if you drive for a nonprofit.
Always research an organization’s indemnification clauses and whether they have D&O liability insurance if you are asked to serve on a nonprofit board.
If you are concerned with your liability exposure when volunteering, consider meeting with your insurance agent to discuss options.
The Epoch Times copyright © 2026. The views and opinions expressed are those of the authors. They are meant for general informational purposes only and should not be construed or interpreted as a recommendation or solicitation. The Epoch Times does not provide investment, tax, legal, financial planning, estate planning, or any other personal finance advice. The Epoch Times holds no liability for the accuracy or timeliness of the information provided.
